May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
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The Defense of Marriage Act Case: A Carcass for Constitutional Vultures0
- July 21, 2013
(This is the fourth of several short commentaries on recent Supreme Court decisions.) U.S. v. Windsor—the case in which the Supreme Court struck down the Defense of Marriage Act (DOMA)—is a carcass from which constitutional flesh-pickers will feast for a very long time. It is one of those cases like Dred Scott v. Sandford or
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The Constitutional Issues In Same-Sex Marriage0
- April 6, 2013
I’ve found that most of the discussion about same-sex marriage, even among lawyers, tends to mis-characterize the constitutional issues. This is particularly true of the “equal protection” issues. Under the Constitution as originally understood, jurisdiction over domestic relations outside federal enclaves and federal territories was reserved to the states. State laws dealing with domestic relations
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